The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3813

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 15, 2019
                               ___________

Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the retirement and social security law, in  relation  to
  providing  accidental  disability  retirement  benefits for chief fire
  marshals, assistant chief fire  marshals,  division  supervising  fire
  marshals,  supervising  fire  marshals, fire marshals and fire marshal
  trainees in Nassau county

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The retirement and social security law is amended by adding
a new section 607-i to read as follows:
  §  607-I.  PERFORMANCE  OF  DUTY, DISABILITY RETIREMENT FOR CHIEF FIRE
MARSHALS, ASSISTANT  CHIEF  FIRE  MARSHALS,  DIVISION  SUPERVISING  FIRE
MARSHALS,  SUPERVISING  FIRE  MARSHALS,  FIRE  MARSHALS AND FIRE MARSHAL
TRAINEES IN NASSAU COUNTY. A.  THE COUNTY OF NASSAU SHALL MAKE THE BENE-
FITS PROVIDED HEREIN AVAILABLE TO CHIEF FIRE MARSHALS,  ASSISTANT  CHIEF
FIRE  MARSHALS,  DIVISION  SUPERVISING  FIRE  MARSHALS, SUPERVISING FIRE
MARSHALS, FIRE MARSHALS AND FIRE  MARSHAL  TRAINEES  IN  THE  EMPLOY  OF
NASSAU COUNTY.
  B. A MEMBER SHALL BE ENTITLED TO RETIREMENT FOR DISABILITY INCURRED IN
THE  PERFORMANCE  OF DUTY IF, AT THE TIME APPLICATION THEREFOR IS FILED,
HE OR SHE IS:
  1. PHYSICALLY OR MENTALLY INCAPACITATED FOR PERFORMANCE OF DUTY AS THE
NATURAL AND PROXIMATE RESULT OF A DISABILITY, NOT CAUSED BY HIS  OR  HER
OWN  WILLFUL  NEGLIGENCE  SUSTAINED IN SUCH SERVICE AND WHILE ACTUALLY A
MEMBER OF THE RETIREMENT SYSTEM; AND
  2. ACTUALLY IN SERVICE UPON WHICH HIS  OR  HER  MEMBERSHIP  IS  BASED.
HOWEVER,  IN  A CASE WHERE A MEMBER IS DISCONTINUED FROM SERVICE, EITHER
VOLUNTARILY OR INVOLUNTARILY, SUBSEQUENT TO SUSTAINING A  DISABILITY  IN
SUCH SERVICE, APPLICATION MAY BE MADE NOT LATER THAN TWO YEARS AFTER THE
MEMBER  IS FIRST DISCONTINUED FROM SERVICE; AND PROVIDED THAT THE MEMBER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD07956-02-9

S. 3813                             2

MEETS THE REQUIREMENTS OF SUBDIVISION A OF THIS SECTION AND THIS  SUBDI-
VISION.
  C.  APPLICATION FOR A PERFORMANCE OF DUTY DISABILITY RETIREMENT ALLOW-
ANCE FOR SUCH A MEMBER MAY BE MADE BY:
  1. SUCH MEMBER; OR
  2. THE HEAD OF THE DEPARTMENT IN WHICH SUCH MEMBER IS EMPLOYED; OR
  3. ANY PERSON ACTING ON BEHALF OF AND AUTHORIZED BY SUCH MEMBER.
  D. 1. AFTER THE FILING OF SUCH AN APPLICATION, SUCH  MEMBER  SHALL  BE
GIVEN  ONE  OR  MORE  MEDICAL EXAMINATIONS. NO SUCH APPLICATION SHALL BE
APPROVED, HOWEVER, UNLESS THE MEMBER OR SOME OTHER PERSON ON HIS OR  HER
BEHALF  SHALL HAVE FILED WRITTEN NOTICE IN THE OFFICE OF THE COMPTROLLER
WITHIN NINETY DAYS AFTER SUCH OCCURRENCE WHICH  IS  THE  BASIS  FOR  THE
DISABILITY INCURRED IN THE PERFORMANCE OF DUTY, SETTING FORTH:
  (A) THE TIME AND THE PLACE OF SUCH OCCURRENCE; AND
  (B) THE PARTICULARS THEREOF; AND
  (C) THE NATURE AND EXTENT OF THE MEMBER'S INJURIES; AND
  (D) HIS OR HER ALLEGED DISABILITY.
  2. THE NOTICE HEREIN REQUIRED NEED NOT BE GIVEN:
  (A) IF THE NOTICE OF SUCH OCCURRENCE SHALL BE FILED IN ACCORDANCE WITH
THE  PROVISIONS  OF  THE  WORKERS'  COMPENSATION LAW OF ANY STATE WITHIN
WHICH A PARTICIPATING EMPLOYER IN NASSAU COUNTY SHALL HAVE ITS EMPLOYEES
LOCATED OR PERFORMING FUNCTIONS AND DUTIES WITHIN THE  NORMAL  SCOPE  OF
THEIR EMPLOYMENT; OR
  (B)  IF  THE APPLICATION FOR PERFORMANCE OF DUTY DISABILITY RETIREMENT
IS FILED WITHIN ONE YEAR AFTER THE DATE OF THE  OCCURRENCE  WHICH  FORMS
THE BASIS FOR THE APPLICATION; OR
  (C)  IF A FAILURE TO FILE NOTICE HAS BEEN EXCUSED FOR GOOD CAUSE SHOWN
AS PROVIDED BY RULES AND REGULATIONS PROMULGATED BY THE COMPTROLLER.
  E. IF THE COMPTROLLER DETERMINES THAT  THE  MEMBER  IS  PHYSICALLY  OR
MENTALLY  INCAPACITATED FOR THE PERFORMANCE OF DUTY PURSUANT TO SUBDIVI-
SION B OF THIS SECTION AND OUGHT TO BE RETIRED, SUCH MEMBER SHALL BE  SO
RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE
COMPTROLLER.
  F.  THE  ANNUAL RETIREMENT ALLOWANCE PAYABLE UPON RETIREMENT FOR DISA-
BILITY INCURRED IN THE PERFORMANCE OF DUTY SHALL BE A  PENSION  OF  ONE-
HALF  OF  HIS OR HER FINAL AVERAGE SALARY PLUS AN ANNUITY WHICH SHALL BE
THE ACTUARIAL EQUIVALENT OF THE MEMBER'S ACCUMULATED  CONTRIBUTIONS,  IF
ANY.
  G.  IF  THE  MEMBER, AT THE TIME OF THE FILING OF AN APPLICATION UNDER
THE PROVISIONS OF SUBDIVISION C OF  THIS  SECTION,  IS  ELIGIBLE  FOR  A
SERVICE RETIREMENT BENEFIT, THEN AND IN THAT EVENT, HE OR SHE MAY SIMUL-
TANEOUSLY  FILE AN APPLICATION FOR SERVICE RETIREMENT IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SEVENTY OF THIS  CHAPTER,  PROVIDED  THAT  THE
MEMBER  INDICATES  ON  THE  APPLICATION FOR SERVICE RETIREMENT THAT SUCH
APPLICATION IS FILED  WITHOUT  PREJUDICE  TO  THE  APPLICATION  FOR  THE
RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE OF DUTY.
  H.  ANY BENEFIT PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE CONSID-
ERED AS AN ACCIDENTAL DISABILITY BENEFIT WITHIN THE MEANING  OF  SECTION
SIXTY-FOUR OF THIS CHAPTER.
  I.  ANY BENEFIT PAYABLE PURSUANT TO THE WORKERS' COMPENSATION LAW TO A
MEMBER RECEIVING A DISABILITY ALLOWANCE PURSUANT TO THIS  SECTION  SHALL
BE IN ADDITION TO SUCH RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
OF DUTY ALLOWANCE.
  J.  A  FINAL  DETERMINATION  OF THE COMPTROLLER THAT THE MEMBER IS NOT
ENTITLED TO RETIREMENT BENEFITS PURSUANT TO THIS SECTION  SHALL  NOT  IN
ANY  RESPECT  BE, OR CONSTITUTE, A DETERMINATION WITH REGARD TO BENEFITS

S. 3813                             3

PAYABLE PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THE GENERAL MUNICIPAL
LAW.
  § 2. All costs associated with implementing the provisions of this act
shall be borne by Nassau county.
  §  3.  All  past  service  costs  incurred  due  to  implementing  the
provisions of this act will be borne by Nassau County, and may be  amor-
tized over a 10 year period.
  § 4. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill would grant any Nassau County Tier 3, 4, 5 and 6 chief fire
marshal,  assistant  chief  fire  marshal,  division  supervising   fire
marshal, supervising fire marshal, fire marshal and fire marshal trainee
an enhanced disability benefit for injuries sustained in the performance
of  duty.  The benefit for a performance of duty disability would be 50%
of final average salary.
  If this bill is enacted during the 2019 legislative session, we antic-
ipate that there will be an increase of  approximately  $30,000  in  the
annual  contributions  of Nassau County for the fiscal year ending March
31, 2020. In future years, this cost will vary as the billing rates  and
salary of affected members change.
  In addition to the annual contributions discussed above, there will be
an  immediate  past service cost of approximately $197,000 which will be
borne by Nassau County as a one-time payment.  This estimate is based on
the assumption that payment will be made on February 1, 2020. If  Nassau
County  elects to amortize this cost over a 10 year period, the cost for
the first year would be approximately $26,000.
  These estimated costs above are based on 35 fire marshals employed  by
Nassau County with a total estimated annual salary of approximately $4.4
million for the fiscal year ending March 31, 2018.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2018  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2018
Report of the  Actuary  and  the  2018  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2015,
2016, 2017 and 2018  Annual  Report  to  the  Comptroller  on  Actuarial
Assumptions,  and  the  Codes, Rules and Regulations of the State of New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2018
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This  fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a  substitute  for
the professional judgment of an attorney.
  This  estimate,  dated  February  6,  2019,  and intended for use only
during the  2019  Legislative  Session,  is  Fiscal  Note  No.  2019-43,
prepared  by  the  Actuary  for  the New York State and Local Retirement
System.